So, I asked for help. I asked a scholar the best student in a level in level at the time, Adekunle Charles , to show me how to answer law questions. He showed me the way, and I can tell you that my results improved dramatically. So, I am going to teach you exactly what he taught me, how to answer law exam questions. I will be focusing on law essay questions in this post. There are two major types of law questions, essay questions and problem questions.
Advise Jesse. If not, explain why no contract has been formed. You might focus on the basis of undue influence before turning to the operation of the doctrine. Students like us most among the other writing service providers because. How would you structure a response to this question? Essay questions undoubtedly test knowledge e.
Law essay questions require you to write an essay. Unlike problem questions that require you to advise parties in a scenario. There have been a lot of arguments for and against the principle established in the popular case of Adams vs Lindsell. To answer law essay questions properly, it must follow four rules. It must have The Introduction, The definitions, the body, and the conclusion. The introduction to your law essay question is the part where you let the lecturer know what the answer is all about. Instead, you are allowed to beat about the bush a little bit. Start with a general statement and then become more specific.
At the end of the introduction, you should talk about the law essay question you intend to answer. As an illustration, this is how the introduction to the sample law essay question above should look like:. The importance of feedback in the formation of a contract cannot be over-emphasized.
It is trite that every contract needs to have an offer and acceptance, and there is the need to communicate the offer and acceptance between the parties. In this type of situation, due to the process of posting a letter or parcel, the communication between the parties can experience some delays. One principle that has been developed by the courts to solve this problem is the rule in Adams vs Lindsell.
This work is going to analyse this rule and talk about the criticisms levelled against it, with special attention being paid to case law. For instance, in the sample question I gave above, the major term is Adams vs Lindsell. So, what you should do at this stage is to define the rule in Adams vs Lindsell. Since this is a case, you should talk about the facts of the case.
The rule in Adams vs Lindsell is generally referred to as acceptance by post. In this case, the defendant offered to sell some wool to the plaintiff.
The defendant sent their offer by post. Due to an error in the posting, the letter got to the plaintiff on the evening of September 5. The plaintiff posted an acceptance the next day. If the letter was posted correctly, the defendant ought to have gotten the reply by September 7. Since the defendant had already sold the wool to a third party, the plaintiff sued for breach of contract. The major contention was when the acceptance would be valid. On the plaintiff posting it, or on the defendant receiving it.
clublavoute.ca/vapit-minutos-dating.php The court held in favor of the plaintiff that when it comes to contracts conducted by post, acceptance comes to fruition at the time of posting, not at the time of receiving. This is the major part of the answer to the law essay question. In a lot of instances, what differentiates an A student from a C student is the fact that an A student cited more authorities in this section of the answer. Using the sample question above, this part of the answer to the law essay question will look something like this:.
Since the inception of this rule, there have been numerous arguments for and against it by jurists, scholars, and judges alike. Scholars like Professor Sagay have disputed this justification of the rule in Adams vs Lindsell. The offeree can assume that a contract has come into fruition when the offeror receives the letter, the same way the the offeror has to assume that there is a binding contract when, and if, the offeree posts a letter of acceptance.
The facts of this case are as follows. The defendant applied for shares in the plaintiff company, and the plaintiff company assented by posting a letter.
When the company got into liquidation, he was called upon to pay up his share. He resisted this, and thus the case was brought before the court. There was a dissenting judgement by Bramwell, L. Recent decisions by courts in the United States suggest a shift away from this rule of acceptance by post.
The defendant accepted by post, but the plaintiff discovered that they had quoted a very low price. Try to not simply compile all of your individual class outlines, but instead try to reorganize the information and process it all again. This will help you learn the material by forcing you to read through it while you are creating your ultimate outline.
If you did not create individual class outlines, go through your class notes and create an outline using those.
If you are in this position, be sure to give yourself enough time to go through all of your notes in order to distill the important information you want to include. Look through your textbook and add any valuable information from it to your outline. It is inevitable that your class notes and class outlines will have some holes. Fill those holes by looking back through your textbook and supplementing your information where necessary. Use any other information you have at your disposal. Ask your peers for help if you have an area in your outline that you have questions about.
Go visit your professor as well; he or she will often be a good source of information and will help guide you in your studying process. Use the library and the library staff.
They will often be able to point you to handbooks and other materials that provide general information on the law of contracts. A common contracts outline would include information on contract formation, enforceability, interpretation, defenses to performance, conditions, material breaches, and remedies. Remember that your contracts class may not cover some of these topics so be sure you make an outline that coincides with what you learned throughout the semester.
Quiz yourself. Once you have created an ultimate outline, quiz yourself while you are reading through it. Ask yourself if you understand the concepts and theories you are reading and try explaining them in your own words. Taking the time to quiz yourself will ensure you are not just reading the outline but really digesting and understanding it. For example, read a section of your outline then try to write down the important parts of that section without looking back at the outline itself. Once you are done, look at what you wrote and see what information you understand and what information you need to spend more time on.
Try making flashcards using information from your outline. Flashcards offer a great way to quiz yourself on important legal concepts. Write the legal term or concept on the front of the flashcard and the definition or explanation on the back.
For example, one flashcard may have "acceptance" on one side and "a manifestation of assent" on the other side. Go through them multiple times and take out cards as you learn them. Use online interactive tools. When you are tired of looking at your ultimate outline, try going online and looking at some of the websites out there that provide interactive learning tools to law students. These tools often take the form of practice quizzes, interactive online flashcards, and other outlines.